On Fri, 01 Oct 2004 23:48:39 GMT, arnie lerma <[email protected]> wrote:
> YES, we like to web documents!
> "...Secrecy is the keystone of all tyranny. Not force, but secrecy...
>censorship. When any government, or any church for that matter,
>undertakes to say to its subjects, 'This you may not read, this you
>must not see, this you are forbidden to know,' the end result is
>tyranny and oppression, no matter how holy the motives." --Robert A.
>Heinlein, -If This Goes On
I sent this off and got a reply in record time. Judge Patel is apparently no longer the Chief Judge. That's a shame because while she never responded, she seemed to have built a fire under Judge Whyte when he pulled that entrapment stunt for scientology with a "sealed order," at least the timing was spot on. When he got caught blamed it on his secretary.
"As the result of a misunderstanding between the undersigned and his clerk, the Order Denying in Part and Granting in Part Plaintiffs Motion for a Finding of Contempt filed September 26, 2002 was inadvertently filed under seal. There is nothing confidential about the order and the court hereby lifts the "Under Seal" designation."
H. Keith Henson 176 Henry St., #45 Brantford, Ontario N3S 5C8 Canada [email protected] 519-770-0646 519-774-1620
September 20, 2004
Chief Judge Marilyn Hall Patel Northern District of California 450 Golden Gate Ave. San Francisco, CA 94102
Dear Judge Patel:
A year ago I wrote you about frank abuse of process by Judge Whyte in attempting to block the sale of our house in Palo Alto. This letter reports on a related matter in the same case.
The US Trustee misled Judge Weissbrodt's court late September 10, 2004 into canceling a hearing for the next Monday.
My wife and I had both made it clear to our lawyers that while we were willing to talk settlement, we were not willing to let settlement talks delay a substantive hearing delayed several times since March. (The delays have cost my wife about $15,000 in additional legal expenses.)
Late Thursday, September 9, 2004 our lawyers sent the enclosed stipulation to us with a request we sign. I sent my lawyer a message early Friday saying no, I would not agree to a delay. My wife responded the same way to her lawyer well before noon San Jose time.
Yet that afternoon counsel for the US Trustee told the court we had signed and canceled the hearing set for Monday.
Our bankruptcy lawyers will not report such abuse by an "officer of the court" because they have to get along with trustees over the long term. Indeed, they tried to get us to sign the stipulation for several days after the canceled hearing.
But I presume a Chief Judge would want to know what is going on in the local courts.
Very Truly Yours,
H. Keith Henson
Enc: Rejected unsigned stipulation.
CHARLES E. LOGAN, 69136 SUSAN B. LUCE, 120843 LAW OFFICES OF CHARLES E. LOGAN 96 SOUTH MARKET STREET SUITE 660 SAN JOSE, CA 95113 TELEPHONE (408)995-0256
Attorneys for Chapter 7 Trustee Carol Wu
UNITED STATES BANKRUPTCY COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION
In re: ) CASE NO. 98-51326-ASW H. KEITH HENSON, ) Chapter 7 Debtor. ) NO HEARING REQUESTED
STIPULATION AND REQUEST FOR MANDATORY-SETTLEMENT CONFERENCE
The parties, H. Keith Henson, V. Arel Lucas, the Religious Technology Center, Dezotell, Hoden and Wagoner, and Carol Wu-, hereby request this court to order a mandatory settlement conference before a United States Bankruptcy Judge.
The parties have negotiated for many months and have been very close to settlement. The parties agree that an independent Bankruptcy Judge could assist the parties in resolving a few remaining issues. The parties also request that, in light of this request, all matters set for calendar on September 13, 2004, at 1:00 p.m., before the Honorable Arthur S. Weissbrodt, be continued until after a mandatory settlement conference, if one should be so ordered, is held.
Helena K. Kobrin Attorney for Religious Technology Center
Wayne A. Silver Attorney for V. Arel Lucas
V. Arel Lucas
Stanley A. Zlotoff Attorney for H. Keith Henson
H. Keith Henson
David J. Cook Attorney for Dezotell, Hoden and Wagoner
SUSAN B. LUCE Attorney for Chapter 7 Trustee
John Wesolowski United States Trustee